Drake v. Gastelo

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:18-cv-0896 DB HC) to Fresno (1:18-cv-0523 MJS HC) signed by Magistrate Judge Deborah Barnes on 4/16/2018. This court has not ruled on petitioner's request to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GASPAR DRAKE,

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Petitioner,

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No. 2:18-cv-0896 DB P

v.

ORDER

J. GASTELO, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. In his

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application, petitioner challenges a conviction issued by the Kings County Superior Court. Kings

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County is part of the Fresno Division of the United States District Court for the Eastern District of

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California. See Local Rule 120(d).
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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division of a court may, on the court’s own motion, be transferred to the proper division of the

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court. Therefore, this action will be transferred to the Fresno Division of the court. This court

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will not rule on petitioner’s request to proceed in forma pauperis.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s request to proceed in forma pauperis;

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2. This action is transferred to the United States District Court for the Eastern District of
California sitting in Fresno; and
3. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
DATED: April 16, 2018

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB/orders/prisoner-habeas/drak0896.109

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